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FORM MCS-90 OMB No.: 2126-0008 Expiration:0513V2024
<br /> DEFINITIONS AS USED IN THIS ENDORSEMENT
<br /> Accident includes continuous or repeated exposure to conditions or Environmental Restoration means restitution for the loss,damage,
<br /> which results in bodily injury,property damage,or environmental or destruction of natural resources arising out of the accidental
<br /> damage which the insured neither expected nor intended. discharge.dispersal,release or escape into or upon the land,
<br /> Motor Vehicle means a land vehicle,machine.truck,tractor,trailer, atmosphere,watercourse,or body of water,of any commodity
<br /> or semitrailer propelled or drawn by mechanical power and used on a transported by a motor carrier.This shall include the cost of removal
<br /> highway for transporting property,or any combination thereof. and the cost of necessary measures taken to minimize or mitigate
<br /> damage to human health,the natural environment,fish,shellfish,
<br /> Bodily Injury means injury to the body,sickness,or disease to any and wildlife.
<br /> person,including death resulting from any of these.
<br /> Public Liability means liability for bodily injury,property damage,
<br /> Property Damage means damage to or loss of use of tangible and environmental restoration.
<br /> property.
<br /> The insurance policy to which this endorsement is attached or violation thereof,shall relieve the company from liability or
<br /> provides automobile liability insurance and is amended to assure from the payment of any final judgment,within the limits of
<br /> compliance by the insured,within the limits stated herein, as a liability herein described,irrespective of the financial condition.
<br /> motor carrier of property,with Sections 29 and 30 of the Motor insolvency or bankruptcy of the insured. however, al€terms,
<br /> Carrier Act of 1980 and the rules and regulations of the Federal conditions, and limitations in the policy to which the endorsement
<br /> Motor Carrier Safety Administration (FMCSA) is attached shall remain in full force and effect as binding between
<br /> In consideration of the premium stated in the policy to which this the insured and the company.The insured agrees to reimburse the
<br /> endorsement is attached,the insurer(the company)agrees to pay, company for any payment made by the company on account of
<br /> within the limits of liability described herein, any final judgment any accident, claim,or suit involving a breach of the terms of the
<br /> recovered against the insured for public liability resulting from policy,and for any payment that the company would not have
<br /> negligence in the operation, maintenance or use of motor vehicles been obligated to make under the provisions of the policy except
<br /> subject to the financial responsibility requirements of Sections for the agreement contained in this endorsement.
<br /> 29 and 30 of the Motor Carrier Act of 1980 regardless of whether or It is further understood and agreed that, upon failure of the
<br /> not each motor vehicle is specifically described in the policy company to pay any final judgment recovered against the insured
<br /> and whether or not such negligence occurs on any route or in as provided herein,the judgment creditor may maintain an action
<br /> any territory authorized to be served by the insured or elsewhere. in any court of competent jurisdiction against the company to
<br /> Such insurance as is afforded,for public liability,does not apply compel such payment.
<br /> to injury to or death of the insured's employees while engaged in The limits of the company's liability for the amounts prescribed
<br /> the course of their employment, or property transported by the in this endorsement apply separately to each accident and any
<br /> insured,designated as cargo. It is understood and agreed that payment under the policy because of anyone accident shall not
<br /> no condition, provision,stipulation, or limitation contained in the operate to reduce the liability of the company for the payment of
<br /> policy,this endorsement, or any other endorsement thereon, final judgments resulting from any other accident.
<br /> (continued on next page)
<br /> FORM MCS-90 Page 2 of 3
<br /> MC1622y(06-21)
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